On December 22nd 2022 Spanish Government finally published the so much awaited “Start-ups Law” (Ley de Startups), which among other matters regulates the new type of Digital Nomad Residency Visa addressing non-EU citizens who wish to reside in Spain and work remotely. This new type Spanish residency has attracted a lot of interest from digital nomads worldwide! Below we summarise its main points and requirements.
Digital Nomad Visa (in short DNV) targets exclusively non-EU citizens who wish to reside in Spain and work remotely for companies based outside of Spain. The applicants can be either employed or self-employed and the work can only be carried out remotely. In case of being employed the applicant can only work for a company based outside of Spain. In case of the applicant being a freelancer (self-employed), part of the professional activity can be carried out for companies based in Spain, as long as it doesn’t exceed 20% of the total income.
The Spanish DNV is only available to qualified professionals, who need to accredit their qualifications either with a degree from recognised Universities and Business schools, or through work experience in the relevant profession of a minimum of 3 years
The main requirements are:
- Proof of existing professional activity with one or several companies, either as employed or as a freelancer, for at least 3 months prior to the application.
- Proof of above companies having been professionally established for at least a year prior to the application
- Proof of the activity being able to be performed remotely from Spain
- Proof of relevant degree or a minimum of 3 years work experience through official public work history documents and company certificates
- Absence of criminal record for the last 5 years
- Social Security coverage, either through employer in the home country (only for countries with reciprocal agreement with Spain), through employer’s Social Security registration in Spain; or as self-employed registration in Spain (only for freelancers)
- Minimum income requirements: 200% of SMI (minimum salary) for the main applicant, 75% of SMI for the first family member and 25% of SMI for each additional family member. Based on the current SMI this means that the main applicant needs to prove the annual income equal to at least 31'752€ (2'646€ monthly). For one family member the applicant needs to show additionally 11'907€, and for each further family member an extra of 3'970€. Those are annual figures
Family members (spouses and dependants) can apply for the residency together with the main applicant and obtain the right to work as well.
The application procedure can be carried out either through a Spanish Consulate in the current country of residency, in which case a one-year Digital Nomad Visa is granted, which can be renewed at expiration in Spain for a Digital Nomad Residency
Alternatively, the applicant can opt directly for a Digital Nomad Residency which is applied for while being in a regular situation in Spain. The Digital Nomad Residency is linked to the length of work/business contracts and/or Social security coverage certificates. The maximum initial period can be between 2 and 3 years, renewable depending on each individual situation. After the first 5 years of temporary residency, the applicants can opt for a permanent residency in Spain, subject to meeting its requirements
If you believe you qualify for the Spanish Digital Nomad Visa – get in touch to review your personal case and confirm a more detailed list of documents required for the residency application.